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(영문) 부산지방법원 2018.12.21 2018나42313
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of manufacturing and manufacturing medical devices, and the Defendant is a corporation established for the purpose of manufacturing and wholesale and retailing medical devices.

B. Article 2 (Purpose and Method of Manufacturing Entrusted Products) (1) of the Agreement on the Contract for the Contract for the Contract for the Contract for the Contract for the Contract for the Contract for the Contract for the Contract for the Contract for the Manufacture of Entrusted Products (Purpose and Method of Manufacturing Entrusted Products)

Article 5 (Execution of Business) (2) The basis of the defendant's mutual cooperation from the Korea Food and Drug Safety to obtain product permission under the name of the plaintiff's own name, and shall cooperate with the defendant so that it does not delay permission and all kinds of affairs without justifiable grounds.

(3) The defendant shall ensure that the quality of the plaintiff's requested goods satisfies the level of the plaintiff's request.

(4) The defendant shall observe all matters pertaining to the quality control of products, such as consignment manufacturing, shipment of products, etc., and manage the products and documents so that the plaintiff can sell the products smoothly.

5. The Plaintiff shall notify the Defendant of the volume of the order not later than a month (30 days).

Article 6 (Special Agreement on Entrustment Manufacturing) (1) In the following cases, the plaintiff may terminate the entrustment manufacturing contract simultaneously with the notification to the defendant.

(2) Where it is difficult for the Plaintiff to place an order for the minimum amount of the annual order [Attachment 2-2] to the Defendant, the Defendant may terminate the consignment manufacturing contract simultaneously with the notification to the Plaintiff, if it is difficult for the Plaintiff to place an order for the minimum amount of the annual order.

Article 8 (Liability for Defects) (1) When there is a defect in a product (referring to a defect related to the package of the product, or a defect in the product), the plaintiff may reverse the contract at any time and recover the product when there is the product provided to the defendant.

(2) Where it causes any loss to the other party in violation of contract.

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